APRIL 7.] THE NEW ZEALAND GAZETTE. 975

Powers delegated under “The Lunatics Act, 1882.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first day of March, 1904.

Present:

His Excellency the Governor in Council.

WHEREAS by the third section of “The Lunatics Act, 1882,” it is enacted, inter alia, that the Governor, by Order in Council, may from time to time direct that all or any of the powers, functions, duties, and authorities by the said Act vested in, or required to be performed by, the Colonial Secretary shall be exercised by any person the Governor may think fit:

And whereas it is expedient that the said powers should be vested in the person and in the manner hereinafter expressed:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby direct that the powers granted to the Colonial Secretary by the sixth section of the said Act shall be exercised by

CHARLES CARGILL KETTLE, Esquire,

of Auckland, within the Provincial District of Auckland, in the said colony.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Michael Cronin to use and occupy a Part of the Foreshore of Kaipara Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first day of March, 1904.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Michael Cronin, of Mapuna (hereinafter called “the licensee”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore, and the land below low-water mark immediately contiguous to such foreshore, at Mapuna, Wairoa River, in Kaipara Harbour, in order to erect and maintain thereon a wharf; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department at Wellington, marked M.D. 2712, showing the manner in which it is proposed to construct such wharf, the place where it is intended to erect the same, and the area of foreshore and land below low-water mark intended to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license should be granted and issued to the licensee under the said Act for the purpose aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the licensee as aforesaid; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the licensee to use and occupy that part of the foreshore and of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf; such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say,—

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark necessary for the erection of such wharf which are shown on the plan marked M.D. 2712, and deposited in the office of the Marine Department as aforesaid.

2. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of one pound, payable on the first day of April, dating from the first day of April, one thousand nine hundred and four.

3. All His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and all rights of ingress and egress thereon and therefrom.

4. His Majesty, or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the wharf without payment.

5. The licensee shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom and maintain at his own cost suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

6. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee a notice in writing of any defect or want of repair in such wharf, requiring him within a reasonable time, to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the licensee to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Commissioner of Trade and Customs, or with any provisions of “The Harbours Act, 1878,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

8. The ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Harbourmaster for the Port of Kaipara, or by the Minister, or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the first day of April, one thousand nine hundred and four, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

10. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the licensee three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at or posted to the last known address of the licensee.

11. The licensee shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on his part.

12. In case the licensee shall—

    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;

    (2.) Cease to use or occupy the said wharf for a period of thirty days;

    (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or

    (4.) Fail to pay the sums specified in clause two of these conditions—

then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the licensee or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensee, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

13. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen’s Act, 1877,” and includes any officer, person, or authority acting by or under the direction of such Minister.

14. The construction of the wharf shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.